Seventh anniversary of Danforth Shooting remembered as civil lawsuit clears legal hurdle
By ALAN SHACKLETON
As the seventh anniversary of the Danforth Shooting is remembered today, a lawsuit by a group representing some of the people impacted against the maker of the gun used in the mass shooting recently cleared an important legal hurdle.
The Danforth Shooting took place on the night of Sunday, July 22, 2018, in the area of Danforth and Logan avenues.
It took the lives of East Toronto resident Reese Fallon, 18, (who had graduated from Malvern Collegiate that year), and Julianna Kozis, 10, of Markham.
Thirteen other people were injured in the shooting and the gunman also took his own life.
Last month, a plaque was unveiled in Alexander the Great Parkette in honour of the victims of the shooting.
The plaque features images of Fallon and Kozis and reads:
“In recognition to all who were impacted by the Danforth Shooting on July 22, 2018, and in loving memory of two beautiful souls.”
Under Kozis’ image are the words:
“Had a sparkle in her eye and a smile that brightened the night sky. She was a light; a girl who had so much love in her heart and wanted peace throughout. Words cannot explain how much we love and miss her.”
Under Fallon’s image is a quote from C.S. Lewis that reads “Her absence is like the sky spread over everything.”
Also included are the words “Reese, You are Loved & Missed beyond measure.”
Also in June, the class- action lawsuit by some of the families affected by the shooting which was filed against gun maker Smith & Wesson, was certified by the Ontario Court of Appeal. The lawsuit had earlier been denied certification by a lower court judge, but the appeal to the province’s top court saw that decision overturned.
East Toronto resident Ken Price, whose daughter Samantha was a friend of Fallon’s and was wounded in the Danforth Shooting, said the group bringing the lawsuit was pleased with the Ontario Court of Appeal’s ruling.
“On behalf of all families affected by the tragic attack along Danforth Avenue in Toronto on 22 July 2018, the Plaintiffs are grateful the Court of Appeal for Ontario has concluded their claim should be certified as a class proceeding,” he said in a statement sent to Beach Metro Community News.
“The Plaintiffs seek justice in the form of safer handguns and corporate accountability. Handgun manufacturers like Smith & Wesson have long known their products can be designed to prevent the type of unlawful use that led to the Danforth shooting.”
Price said the lawsuit still has a number of steps to go through before it can actually go to a civil trial.
However, what the decision by the Ontario Court of Appeal means is that, barring any further attempt to appeal the certification, the case can proceed to trial in Ontario Superior Court, he said.
The lawsuit was first filed on Dec. 16, 2019 by Gowling LLP on behalf of the plaintiffs in Ontario Superior Court of Justice. It is seeking $50 million in general damages and $100 million in punitive damages against Smith & Wesson, which manufactures guns in the United States.
The lawsuit alleges Smith & Wesson did not put existing safety technology into the make of gun (a Military and Police 40 semi-automatic handgun) that was used in the Danforth Shooting. According to the lawsuit, smart gun technology would have prevented the gun being used by anyone other than the legal owner.
The allegations in the lawsuit have not been proven in a court of law.
The gun used in the Danforth Shooting had originally been legally sold in Canada, but was then stolen from a gun dealer in Saskatchewan in 2015.
